State v. Snow

Montana Supreme Court

State v. Snow

153 Mont. 42

CourtMontana Supreme Court

DecidedOctober 20, 1969

DocketNO. 8438

StatusPublished

This text of 153 Mont. 42 (State v. Snow) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Snow, 153 Mont. 42 (Mo. 1969).

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Opinion

DECISION

The application of the above-named defendant for a review of the sentence of twenty years for robbery imposed on March 15, 1957, was fully heard and after a careful consideration of the entire matter it is decided that:

The sentence be and remain as originally imposed.

The presumption being that the sentencing judge was correct in his determination, we are unable to say that this sentence is not proper, reasonable, and sufficiently lenient, the crimes, the individual, and the sentencing goals kept in mind, particularly when it is considered that the crime is punishable by imprisonment for life or for years without limit. It is to be further noted that the defendant has been paroled twice and twice returned to the Prison for parole violations, the last one being for an Assault in Missoula for which the defendant received a 10 year sentence concurrent with the sentence under consideration.

Claims of the defendant that there was misconduct by the sentencing judge inducing a plea of guilty, or that the defendant was not guilty of the crime for which he was sentenced, are not within the power of this Court to consider. The Court’s power is limited to, “* * review the judgment so far as it relates to the sentence imposed * Section 95-2503, R.C.M.1947.

We thank John Northey, Esq., of the Montana Defender Project for his assistance to the defendant and to the Court.

SENTENCE REVIEW DIVISION

Philip C. Duncan, chairman; Paul G. Hatfield, Jack D. Shanstrom.

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DECISION

The application of the above-named defendant for a review of the sentence of twenty years for robbery imposed on March 15, 1957, was fully heard and after a careful consideration of the entire matter it is decided that:

The sentence be and remain as originally imposed.

The presumption being that the sentencing judge was correct in his determination, we are unable to say that this sentence is not proper, reasonable, and sufficiently lenient, the crimes, the individual, and the sentencing goals kept in mind, particularly when it is considered that the crime is punishable by imprisonment for life or for years without limit. It is to be further noted that the defendant has been paroled twice and twice returned to the Prison for parole violations, the last one being for an Assault in Missoula for which the defendant received a 10 year sentence concurrent with the sentence under consideration.

Claims of the defendant that there was misconduct by the sentencing judge inducing a plea of guilty, or that the defendant was not guilty of the crime for which he was sentenced, are not within the power of this Court to consider. The Court’s power is limited to, “* * review the judgment so far as it relates to the sentence imposed * Section 95-2503, R.C.M.1947.

We thank John Northey, Esq., of the Montana Defender Project for his assistance to the defendant and to the Court.

SENTENCE REVIEW DIVISION

Philip C. Duncan, chairman; Paul G. Hatfield, Jack D. Shanstrom.

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Bluebook (online)

153 Mont. 42, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-snow-mont-1969.